Elliott v. Horn
Supreme Court of Alabama
Error to.the Circuit Court of Greene. Trespass to try title, by the defendants, against the plaintiffs in error, to eighty aeres of land in Greene county.
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Error to.the Circuit Court of Greene. Trespass to try title, by the defendants, against the plaintiffs in error, to eighty aeres of land in Greene county. From a bill of exceptions it appears, that the plaintiffs, to prove title to the land sued for, produced and read a patent from the United States to one John Cobb, bearing date the 20th of August, 1826, and a deed for the said land, executed by John Cobb, to Edwin Cook, dated 23d December, 1838, and then proved that Edwin Cook died intestate, and that the plaintiffs are his children and heirs at law, and that the defendants, as' the heirs…
1Opinion of the CourtOrmond, J.
The land in controversy was purchased of the United States, by James Cobb, Avith his OAvn money, but entered at the land office in the name of his son John, then an infant of tender years, for the purpose of defrauding his creditors, he being then greatly embarrassed. This transaction is declared, by the 2d section of the statute of frauds of this State, to be utterly void, not only as to creditors, but as against subsequent purchasers, embracing the substance of the provisions of both the 13th and 27th of Elizabeth.
In respect to the 27th of Elizabeth, the English decisions are uniform, that…
2Cases cited1 opinion
- TUCKER v. MorelandSupreme Court of the United States · 1836
3Cited by22 opinions
- Horn v. Volcano Water Co.California Supreme Court · 1859
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Stewart's Adm'r v. Stewart's HeirsSupreme Court of Alabama · 1857
- Lawson v. Alabama Warehouse Co.Supreme Court of Alabama · 1882
- Nordholt v. NordholtCalifornia Supreme Court · 1891
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